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Articles 4681 - 4710 of 7370

Full-Text Articles in Law

Book Review: Governing The Workplace: The Future Of Labor And Employment Law, Marc Linder Mar 1991

Book Review: Governing The Workplace: The Future Of Labor And Employment Law, Marc Linder

Minnesota Journal of Law & Inequality

No abstract provided.


From Dollars To Sense: A Critique Of Government Funding For The Battered Women's Shelter Movement, Merle H. Weiner Mar 1991

From Dollars To Sense: A Critique Of Government Funding For The Battered Women's Shelter Movement, Merle H. Weiner

Minnesota Journal of Law & Inequality

No abstract provided.


How Sex Got Into Title Vii: Persistent Opportunism As A Maker Of Public Policy, Jo Freeman Mar 1991

How Sex Got Into Title Vii: Persistent Opportunism As A Maker Of Public Policy, Jo Freeman

Minnesota Journal of Law & Inequality

No abstract provided.


Equitable Distribution Of Military Pensions - Re-Thinking The Uniformed Services Former Spouses Protection Act, Mary Elizabeth Hammerstrom Mar 1991

Equitable Distribution Of Military Pensions - Re-Thinking The Uniformed Services Former Spouses Protection Act, Mary Elizabeth Hammerstrom

Minnesota Journal of Law & Inequality

No abstract provided.


Book Review: Shelby Steele And The Subtext Of Our Developing Civil Rights Laws, Roy L. Brooks Mar 1991

Book Review: Shelby Steele And The Subtext Of Our Developing Civil Rights Laws, Roy L. Brooks

Minnesota Journal of Law & Inequality

No abstract provided.


Judge A. Leon Higginbotham, Jr.: The Man, The Jurist, The Scholar, Toni M. Jackson, Helen J. Kim Mar 1991

Judge A. Leon Higginbotham, Jr.: The Man, The Jurist, The Scholar, Toni M. Jackson, Helen J. Kim

Minnesota Journal of Law & Inequality

No abstract provided.


The Dormant Commerce Clause Doctrine, Swift V. Tyson, Uniform State Commercial Laws, And Federal Common Law: Ships That Passed In The Night?, Boris I. Bittker Jan 1991

The Dormant Commerce Clause Doctrine, Swift V. Tyson, Uniform State Commercial Laws, And Federal Common Law: Ships That Passed In The Night?, Boris I. Bittker

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.


Compromising On Abortion, Daniel O. Conkle Jan 1991

Compromising On Abortion, Daniel O. Conkle

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.


Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld Jan 1991

Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld

Articles

Despite statutes and rules of statewide applicability, juvenile justice administration varies consistently with urban, suburban, and rural social structure and context. In urban counties, which are more heterogenous and diverse, juvenile justice intervention is more formal, bureaucratized, and due process-oriented. Formality is associated with greater severity in pre-trial detention and sentencing practices. By contrast, in more homogeneous and stable rural counties, juvenile courts are procedurally less formal and sentence youths more leniently. The Article explores the implications of "justice by geography" for juvenile justice policy.


The 42nd Session Of The Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Reed Brody, Maureen Convery, David Weissbrodt Jan 1991

The 42nd Session Of The Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Reed Brody, Maureen Convery, David Weissbrodt

Articles

The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities began its forty-second session' on 6 August 1990 under unusual pressure; meeting four days after Iraq's invasion of Kuwait, it faced a tense world situation with an overcrowded agenda of studies and human rights violations in particular count


The Future Of Legal Education, Robert Stein Jan 1991

The Future Of Legal Education, Robert Stein

Articles

The subject of this Essay is the future of legal education. The essay is an adaptation of my inaugural lecture as William S. Pattee Professor of Law,' a professorship named after an ex- traordinary man who served as the first Dean of the University of Minnesota Law School.2


Public Prosecution And Hydro-Engineering, Michael Tonry Jan 1991

Public Prosecution And Hydro-Engineering, Michael Tonry

Articles

There are inherent tensions between conceptions of public prosecutors as elected officials who respond to public intolerance of crime and criminals and as officers of the court who answer to normative injunctions of fairness and dispassion. Discussion of prosecutors' roles has progressed little beyond recognition of inherent tensions. There is no literature on prosecutorial strategies. The empirical literature on prosecutorial operations is scant.


A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy Jan 1991

A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy

Articles

No abstract provided.


Mandatory Minimum Penalties And The U.S. Sentencing Commission's "Mandatory Guidelines", Michael Tonry Jan 1991

Mandatory Minimum Penalties And The U.S. Sentencing Commission's "Mandatory Guidelines", Michael Tonry

Articles

No abstract provided.


Legal Education: An Illusion, Judith T. Younger Jan 1991

Legal Education: An Illusion, Judith T. Younger

Articles

No abstract provided.


Book Review Of Inventing The American Presidency, Glen E. Thurow Jan 1991

Book Review Of Inventing The American Presidency, Glen E. Thurow

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Inventing the American Presidency. Edited by Thomas E. Cronin. Lawrence, Kansas: University Press of Kansas. 1989. Pp. xii, 404. Reviewed by: Glen E. Thurow.


Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows Jan 1991

Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows

Articles

Current law allows defendants to use a preexisting relationship to give credibility to a defense of consent or reasonable, good faith belief of consent. However, the law acknowledges various connections between people and recognizes that under certain circumstances it is appropriate both to prevent a person from acting and to require a person to act. If courts applied the doctrine of confidential relationships to acquaintance rape, evidence of the relationship would impose upon the defendant a heightened duty of care to the victim. This heightened duty of care would change the mental element of the crime. It would also change …


Employee Handbooks And The Legal Effect Of Disclaimers, Stephen F. Befort Jan 1991

Employee Handbooks And The Legal Effect Of Disclaimers, Stephen F. Befort

Articles

In his article, Professor Befort discusses the use of employee handbook disclaimers in the workplace. He begins the article with an examination of the employment-at-will rule, its history, and exceptions which recently have been utilized by courts that refuse to apply the rule under certain conditions. He then turns to the use of handbook disclaimers and explores the varying contexts in which courts agree or decline to enforce them. Finally, Professor Befort offers a somewhat different approach which takes into account both the benefits employers derive from the use of handbooks and the reasonable expectations they instill in employees.


The Effectiveness Of International Human Rights Pressures: The Case Of Argentina, 1976-1983, David Weissbrodt, Maria Luisa Bartolomei Jan 1991

The Effectiveness Of International Human Rights Pressures: The Case Of Argentina, 1976-1983, David Weissbrodt, Maria Luisa Bartolomei

Articles

One significant gap in the burgeoning academic literature of international human rights law is the lack of research related to the impact of international and national procedures on the actual protection of human rights. 1 It is remarkable that almost no academics or activists have even attempted to assess the effectiveness of human rights measures. Of course, demonstrating effectiveness in any area of human endeavor, particularly international human rights work, is very difficult. Many human rights advocates investigate abuses and write letters to governments because they believe that speaking out is better than remaining silent in the face of repression. …


Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows Jan 1991

Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows

Articles

The purpose of my talk today is to use doctrines in wills and trusts law as the yardstick with which to measure the Kingdom of the Fathers. I will show that wills and trusts law has always and 2 continues to operate to preserve and sustain their Kingdom.


Of Spoil Pits And Swimming Pools: Reconsidering The Measure Of Damages For Construction Contracts, Carol Chomsky Jan 1991

Of Spoil Pits And Swimming Pools: Reconsidering The Measure Of Damages For Construction Contracts, Carol Chomsky

Articles

To obtain a remedy in a breach of contract suit, a party must prove, and courts must determine, what damage the breach has caused. The general rule is straightforward: A party injured by a breach of contract is entitled to be placed in as good a position as if the contract had been performed.1 Ap- plying the general rule to specific circumstances - computing what it means to be placed in "as good a position as if the con- tract had been performed" - is more difficult.


Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort Jan 1991

Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort

Articles

The bona fide occupational qualification (BFOQ) is a statutory defense to intentional discrimination under Title VII. 1 The BFOQ defense permits an employer to adopt an otherwise facially discriminatory employment practice if "reasonably necessary to the normal operation of that particular business. . . ." 2 Both the courts and the Equal Employment Opportunity Commission (EEOC) have traditionally interpreted this defense very narrowly. A gender-based employment classification, for example, qualifies as a BFOQ only if the failure to adopt a single-sex policy undermines the employer's ability to accomplish its essential business mission. 3


Book Reviews Of Liberty, Property, And The Future Of Constitutional Development, And Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Herbert Hovenkamp Jan 1991

Book Reviews Of Liberty, Property, And The Future Of Constitutional Development, And Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Herbert Hovenkamp

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Liberty, Property, and the Future of Constitutional Development. Ellen Frankel Paul and Howard Dickman, eds. Albany: State Univ. of New York Press. 1990. Pp. vii, 340 ; Judicial Power and Reform Politics: The Anatomy of Lochner v. New York. By Paul Kens. Lawrence, KS.: Univ. Press of Kansas. 1990. Pp. 232. Reviewed by: Herbert Hovenkamp.


Book Review Of Peripheries And Center: Constitutional Development In The Extended Polities Of The British Empire And The United States, 1607-1788, James Hutson Jan 1991

Book Review Of Peripheries And Center: Constitutional Development In The Extended Polities Of The British Empire And The United States, 1607-1788, James Hutson

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Peripheries and Center: Constitutional Development in the Extended Polities of the British Empire and the United States 1607-1788. By Jack P. Greene. Athens, Ga.: The University Press of Georgia. 1986. Pp. x, 274. Reviewed by: James Hutson.


Book Review Of Power And Prejudice: The Politics And Diplomacy Of Racial Discrimination, Mary L. Dudziak Jan 1991

Book Review Of Power And Prejudice: The Politics And Diplomacy Of Racial Discrimination, Mary L. Dudziak

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Power and Prejudice: The Politics and Diplomacy of Racial Discrimination. By Paul Gordon Lauren. Boulder, Colorado: Westview Press. 1988. Pp. xv, 388. Reviewed by: Mary L. Dudziak.


Book Review Of The Hollow Men: Politics And Corruption In Higher Education, Maurice J. Holland Jan 1991

Book Review Of The Hollow Men: Politics And Corruption In Higher Education, Maurice J. Holland

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of The Hollow Men: Politics and Corruption in Higher Education. By Charles J. Sykes. Washington, D. C: Regnery Gateway. 1991. Pp. xii, 356. Reviewed by: Maurice J. Holland.


A.T. Mason And The Corwin-Mason Tradition: Scholar And Teacher In The Modern Constitutional State, Samuel Krislov Jan 1991

A.T. Mason And The Corwin-Mason Tradition: Scholar And Teacher In The Modern Constitutional State, Samuel Krislov

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.


Book Review Of Judicial Activism: Bulwark Of Freedom Or Precarious Security?, Thomas Morawetz Jan 1991

Book Review Of Judicial Activism: Bulwark Of Freedom Or Precarious Security?, Thomas Morawetz

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Judicial Activism: Bulwark of Freedom or Precarious Security? By Christopher Wolfe. Pacific Grove, California: Brooks/Cole Publishing Company. 1991. Pp. ix, 166. Reviewed by: Thomas Morawetz.


Book Review Of In Defense Of American Liberties: A History Of The Aclu, Jeremy Rabkin Jan 1991

Book Review Of In Defense Of American Liberties: A History Of The Aclu, Jeremy Rabkin

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of In Defense of American Liberties: A History of the ACLU. By Samuel Walker. Oxford University Press. 1990. Pp. xiii, 479. Reviewed by: Jeremy Rabkin.


Kuwait, The Constitution, And The Courts: Two Cheers For Judge Greene, John Hart Ely Jan 1991

Kuwait, The Constitution, And The Courts: Two Cheers For Judge Greene, John Hart Ely

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.